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TREATY SERIES. No. 660 



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* TREATY 



BETWEEN 

THE UNITED STATES AND HUNGARY 



Establishing Friendly Relations 



SIGNED AT BUDAPEST. AUGUST 29. 1921 

RATIFICATION ADVISED BY THE SENATE. OCTOBER 18. 1921 

RATIFIED BY THE PRESIDENT. OCTOBER 21. 1921 

RATIFIED BY HUNGARY. DECEMBER 12. 1921 

RATIFICATIONS EXCHANGED AT BUDAPEST. DECEMBER 17. 1921 

PROCLAIMED, DECEMBER 20. 1921 




WASHINGTON 

GOVERNMENT PRINTING OFHCE 

1922 



Winnnrr^rt^u 



4AN251922 

OOCUMi^N** .... JON 



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By the President of the United States of America. 

A PROCLAMATION. 

WHEREAS, a treaty between the United States and Hungary to 
establish securely friendly relations between the two nations was 
signed at Budapest on August 29, 1921, which treaty is word for word 
as follows: 

THE UNITED STATES OF AMERICA 

and 

HUNGARY: 

CONSIDERING THAT the United States, acting in conjunction 
with its co-belligerents, entered into an Armistice with Austria- 
Hungary on November 3, 1918, in order that a Treaty of Peace might 
be concluded; 

CONSIDERING THAT the former Austro-Hungarian Monarchy 
ceased to exist and was replaced in Hungary by a national Plungarian 
Government ; 

CONSIDERING THAT the Treaty of Trianon to which Hungary 
is a party was signed on June 4, 1920, and came into force according 
to the terms of its Article 364, but has not been ratified by the United 
States ; 

CONSIDERING THAT the Congress of the United States passed 
a Joint Resolution, approved by the President July 2, 1921, which 
reads in part as follows : 

'"''Resolved hy the Senate and House of Representatives of the United 
States of America in Congress assembled, * * * * 

" That the state of war declared to exist between the Imperial and 
Royal Austro-Hungarian Government and the United States of 
America by the joint resolution of Congress approved December 7, 
1917, is hereby declared at an end. 

" SEC. 4. That in making this declaration, and as a part of it, 
there are expressly reserved to the United States of America and its 
nationals any and all rights, privileges, indemnities, reparations, or 
advantages, together with the right to enforce the same, to which it 
or they have become entitled under the terms of the armistice signed 
November 3, 1918, or any extensions or modifications thereof; or 
which were acquired by or are in the possession of the United States 
of America by reason of its participation in the war or to which its 
nationals have thereby become rightfully entitled; or which, under 
the treaty of Saint Germain-en-Laye or the treaty of Trianon, have 
been stipulated for its or their benefit: or to which it is entitled as 
one of the principal allied and associated powers; or to which it is 
entitled by virtue of any Act or Acts of Congress ; or otherwise. 

" SEC. 5. All proi^erty of the Imperial German Government, or its 
successor or •successors, and of all German nationals which was, on 

82080—22 ( 1 I 



April G, 1917, in or has since that (Uite come into the possession or 
under control of, or has been the subject oi" a demand by the United 
States of America or of any of its officers, agents, or employees, from 
any source or by any agency whatsoever, and all property of the 
Imperial and Royal Austro-Hungarian Government, or its successor 
or successors, and of all Austro-Hungarian nationals which was on 
December 7, 1917, in or has since that date come into the possession 
or under control of, or has been the subject of a demand by the United 
States of America or any of its officers, agents, or employees, from 
any source or by any agency whatsoever, shall be retained by the 
United States of America and no disposition thereof made, except as 
shall have been heretofore or specifically hereafter shall be provided 
by law until such time as the Imperial German Government and the 
Imperial and Royal Austro-Hungarian Government, or their suc- 
cessor or successors, shall have respectively made suitable provision 
for the satisfaction of all claims against said Governments respec- 
tively, of all persons. wheresoeA'er domiciled, who OAve permanent 
allegiance to the United States of America and who have suffered, 
through the acts of the Imperial German Government, or its agents, 
or the Imperial and Royal Austro-Hungarian Government, or its 
agents, since July 81. 1914, loss, damage, or injury to their persons 
or property, directly or indirectly, whether through the ownership of 
shares of stock in German, Austro-Hungarian, American, or other 
corporations, or in consequence of hostilities or of any operations of 
war, or otherAvise. and also shall have granted to persons owing per- 
manent allegiance to the United States of America most-favored- 
nation treatment, whether the same be national or otherwise, in all 
matters affecting residence, business, profession, trade, navigation, 
connnerce and industrial property rights, and until the Imperial Ger- 
man Government and the Imperial and Royal Austro-Hungarian 
(xovernment, or their successor or successors, shall have respectively 
confirmed to the ITnited States of America all fines, forfeitures, pen- 
alties, and seizures imposed or made by the United States of America 
during the war, wliether in respect to the property of the Imperial 
German Government or German nationals or the Imperial and Royal 
Austro-Hungarian Government or Austro-Hungarian nationals, and 
shall have waived any and all pecuniary claims against the United 
States of America." 

Being desirous of establishing securely friendly relations between 
the two Nations ; 

Have for that purpose appointed their plenipotentiaries; 

The President of the United States of America, U. Grant- Smith, 
Commissioner of the United States to Hungary, and Hungary, Count 
Nicholas Banffy ; Royal Hungarian Minister for Foreign Affairs ; 

Who, having communicated their full powers, found to be in good 
and due form, have agreed as follows : 

ARTICLE I. 

Hungary undertakes to accord to tlie United States, and the 
United States shall have and enjoy, all the rights, privileges, indem- 
nities, reparations or advantages specified in the aforesaid Joint 
Resolution of the Congress of the United States of July 2, 1921, 



including- all the rig:hts and advantages stipulated for the benefit of 
the United States in the Treaty ol" Trianon which the United States 
shall fully enjoy notwithstanding the fact that such Treaty has not 
been ratified by the United States. The United States, in availing 
itself of the rights and advantages stipulated in the provisions of that 
Treaty, will do so in a manner consistent with the rights accorded to 
Hungary under such provisions. 

ARTICLE II. 

With a view to defining more particularly the obligations of 
Hungary under the foregoing Article with respect to certain pro- 
visions in the Treaty of Trianon, it is understood and agreed between 
the High Contracting Parties : 

(1) That the rights and advantages stipulated in that Treaty for 
the benefit of the United States, which it is intended the United 
States shall have and enjoy, are those defined in Parts V, VI, \^III, 
IX, X, XI, XII and XIV: ■ 

(2) That the United States shall not be bound by the provisions 
of Part I of that Treaty, nor by any provisions of that Treaty in- 
cluding those mentioned in paragraph (i) of this Article, which 
relate to the Covenant of the League of Nations, nor shall the United 
States be bound by any action taken by the League of Nations, or 
by the Council oi' b}^ the Assembler thereof, unless the LTnited States 
shall expressly give its assent to such action. 

(3) That the United States assumes no obligations under or with 
respect to the provisions of Part II, Part III, Part IV and Part 
XIII of that Treaty. 

(4) That, while the United States is privileged to participate in 
the Reparation Commission, according to the terms of Part VIII of 
that Treaty, and in any other commission established under the 
Treaty or under an}?" agreement supplemental thereto, the United 
States is not bound to participate in any such commission unless it 
shall elect to do so. 

(5) That the periods of time to which reference is made in Article 
364 of the Treaty of Trianon shall run, with respect to any act or 
election on the part of the ITnited States, from the date of the com- 
ing into force of the present Treaty. 

ARTICLE III. 

The present Treaty shall be ratified in accordance with the con- 
stitutional forms of the High Contracting Parties and shall take 
effect immediately on the exchange of ratifications which shall take 
place as soon as possible at Budapest. 

IN WITNESS WHEREOF, the respective plenipotentiaries have 
signed this Treaty and have hereunto affixed their seals. 

Done in duplicate in Budapest, this 29th day of August, 1921. 

[seal..] U. Grant Smith 

Commissioner of the United States to Hungary. 

[seal. I Count Nicholas Banffy 

Royal Hungarian Minister for Foreign Affairs. 



AND, WHEEEAS, the said treaty has been duly ratified on both 
parts, and the ratifications of the two countries were exchanged at 
Budapest on December 17, 1921 ; 

NOW, THEREFOKE, be it known that I, Warren G. Harding, 
President of the United States of America, have caused the said 
treaty to be made public to the end that every article and clause 
thereof may be observed and fulfilled with good faith by the United 
States and the citizens thereof. 

IN WITNESS WHEREOF, I have hereunto set my hand an< 
caused the seal of the United States to be affixed. 

DONE at the City of Washington this twentieth day of Decembed 
in the year of our Lord one thousand nine hundred and 
[seal.] twenty-one, and of the Independence of the United States 
of America the one hundred and forty-sixth. 

Warren G Harding 
By the President: 

Charles E. Hughes 
Secretary of State. 

[Ratificatiok.] 

WARREN G. HARDING, 

President of tlie United States of America, 

To All to Whom These Presents Shall Come, Greeting : 

KNOW YE, That whereas a Treaty between the United States 
of America and Hungary to restore the friendly relations existing 
between the two nations prior to the outbreak of war, was concluded 
and signed by their respective plenipotentiaries at Budapest on 
August 29, 1921, a true copy of which Treaty, in the English 
language, is word for word as follows: 

[Printed above] 

And Whereas, the Senate of the United States, by their resolution 
of October 18, 1921, (two-thirds of the Senators present concurring- 
therein) did advise and consent to the ratification of the said Treaty, 
subject to the understanding, made a part of the resolution of rati- 
fication, " that the United States shall not be represented or partici- 
pate in any body, agency or commission, nor shall any person rep- 
resent the United States as a member of anj^ body, agency or com- 
mission in which the United States is authorized to participate by 
this Treaty, unless and until an Act of the Congress of the United 
States shall provide for such representation or participation " ; and 
subject to the further understanding, made a part of the resolution 
of ratification, " that the rights and advantages which the United 
States is entitled to have and enjoy under this Treaty embrace the 
rights and advantages of nationals of the United States specified in 
the Joint Resolution or in the i)rovisions of the Treaty of Trianon 
to which this Treaty refers " ; 

NOW, therefore, be it known that I, Warren G. Harding, Presi- 
dent of the United States of America, having seen and considered 
the said Treaty, do hereby, in pursuance of the aforesaid advice and 



•consent of the Senate, ratify and confirm the same and every article 
and clause thereof, subject to the understanding-s hereinabove recited. 
IN TESTIMONY WHEREOF, I have caused the seal of the 
United States to be hereunto affixed. 

Given under my hand at the City of Washington, the twenty- 
first day of October, in the year of Our Lord one thousand 
[seal] nine hundred and twenty-one, and of the Independence 
of the United States of America the one hundred and 
forty-sixth. 

Warrex G Harding 
B}^ the President : 

Charles E. Hughes 
Secretary of State. 

o 



LIBRARY OF CONGRESS 

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